REMBAU HISTORY, ETC. 89 
III. The order for separation (Pasah). 
To obtain separation a wife must prove desertion, or lack 
of maintenance. Cruelty or adultery of the husband will not 
support a claim to separation. But the absence of the hus- 
band for six months on land or a year at sea, even if the wife 
~has been granted ample support meanwhile, is a valid ground 
for separation, for maintenance includes not only monetary 
support (nafkah dlahir) but also conjugal rights (nafkah batin). 
No woman convicted of adultery, even if abandoned by 
her husband to destitution, can obtain a separation order. 
Unless her husband divorcee her of his own free will, she 
remains nominally his wife, so long as he lives. 
Again, if the judge to whom a woman applies for an order 
of separation—formerly the Undang, in later times the Kathi— 
suspect any ulterior motive in her request from a desire to 
conceal criminal pregnancy or the expulsive power of a new 
affection, it is his duty to refuse her an order. 
The order for pasah is the relief granted judicially toa 
wife who can endure desertion no longer. It is therefore to 
be distinguished from the registration of the fact that the di- 
vorce latent in a marriage of convenience (nvkah taalvk) has 
ripened. In that even the woman is concerned merely to 
establish before a registrar the fact that the prescribed period 
of absence has elapsed, her motives in asking for registration 
are irrelevant. The Kathi, whose office combines under exist- 
ing conditions the duties of registrar and divorce judge, is apt 
to treat a request for registration of the automatic divorce 
as an application for a separation order. Yet, by insisting on 
an enquiry into the reasons prompting a request to register the 
termination of a marriage with a condition, the Kathz defeats 
the intention to which that form of marriage owes its 
existence. 
If a divorced wife contracts a marriage before the 100 
days of purification (edah) have elapsed she is liable to her 
former mother-in-law for a payment of 20 rupia ($7.20) as the 
escort of the bridal bed (permiring tekar bantal) of her divorced 
husband. 
R.A. Soc., No. 56, 1910. 
